· 1/8/1993
Underwood v. Risman
Citations
- 605 N.E.2d 832
- 414 Mass. 96
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding landlord not liable under statute prohibiting unfair or deceptive acts for failing to disclose presence of lead paint where the landlord had no actual knowledge of the lead paint when the premises were leased
- without prior notice of the existence of lead paint on premises, no duty to disclose the existence of lead paint under the Massachusetts CPA
- “There is no [Chapter 93A] liability for failing to disclose what a person does not know.”
- “The notion of disclosure necessarily implies that the fact in question is known to the person expected to disclose it.” (quotation omitted)
- duty exists under G. L. c. 93A to disclose material facts known to party at time of business transaction
- specifically reserving the “question whether the more general regulation has any viability in view of the later adopted, more specific, provisions of [§ 3.17]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Liacos, Wilkins, Abrams, Nolan, Lynch, O'Connor, Greaney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.